SUBSTANCE ABUSE POLICY

1. Purpose

Our organization recognizes that the presence of individuals under the influence of alcohol or drugs in the workplace poses safety risks to themselves and others. Such individuals may also compromise the high standards of performance and conduct expected from our employees. The purpose of this policy is to establish a workplace free from alcohol and drug abuse. The company reserves the right to require employees to undergo medical examinations at its discretion during their employment.

The objectives of this policy are to:

• Ensure employees perform their job duties efficiently and effectively.
• Minimize the negative impact of drug and alcohol abuse on productivity and fellow employees.
• Promote employee well-being, health, and safety.

2. Introduction

Substance misuse, including alcohol and drug abuse, is a national priority and a focal point of government policy. It must be addressed through documented principles, guidelines, and rules that govern employee behaviour in relation to the workplace, employer-employee relationships, and the workplace environment. Substance misuse affects individuals across all demographics, irrespective of age, ethnicity, sexual orientation, or disability.

Our organization has a zero-tolerance policy for employees under the influence of intoxicating substances during working hours, on company premises, or while performing their duties. Violation of this policy is considered a serious offense, subject to disciplinary action and possible termination, following due process. The same consequences apply when traces of substances, including cannabis and alcohol, are detected.

Although the Constitutional court has decriminalized personal cannabis usage at home, the company reserves the right to implement workplace rules prohibiting the use of any legal or illegal substances that alter a person's state of mind. If there is a valid reason for using such substances, employees should promptly communicate it to the company.

The adverse effects of alcohol and drug misuse in the workplace include absenteeism, accidents, health problems, reduced productivity, conflicts, property damage, and increased liability. This policy aims to strike a balance between work, privacy, and individual concerns while maintaining a safe, healthy, and productive work environment.

The company acknowledges substance abuse and dependency as treatable health issues and may provide assistance to employees facing such challenges, subject to the conditions outlined in this policy. Employees are expected to report to work in a condition that allows them to perform their duties safely and effectively. This policy will be communicated to all employees and management.

3. Privacy

The company respects employees' right to privacy within their personal lives but acknowledges that this right may be limited when individuals interact with external entities beyond their private sphere. In the context of cannabis usage, the right to privacy allows adults to use, cultivate, or possess cannabis in private for personal consumption, subject to reasonable limitations. Consumption should not contravene workplace-specific conditions or employment relationships.

Management has a legal obligation to maintain a safe, healthy, and engaged work environment, which includes preventing employees from being under the influence of intoxicating substances while at work.

4. Definitions

• Being under the influence of narcotics: Includes arriving at work while under the influence of narcotics.
• Usage: Refers to the consumption of legal or illegal narcotics.
• Narcotic: Any substance that alters a person's state of mind, including but not limited to illegal drugs, such as cannabis, cat, LSD, tik, whoonga, nyaope, methamphetamines, ecstasy, and mandrax, as well as the abuse of over-the-counter or prescription medications, and common substances like glue or cleaning agents.
• Alcohol: Refers to liquor products, beer, traditional African beer, or any substance or drink declared as liquor under relevant legislation.
• Being under the influence: Occurs when an individual is unable to perform safely, exhibits a risk to safety/security, has alcohol or drugs in their system, or appears physically intoxicated.

5. Occupational Health and Safety (OHS)

The company is committed to providing a safe working environment in accordance with legal obligations. To fulfil this commitment, the company will not permit individuals who are or appear to be under the influence of alcohol or drugs to enter or remain at the workplace. Searches may be conducted when there is suspicion of substance abuse. Testing may be conducted under various circumstances, including pre-employment, random, and post-incident testing, and may include blood, urine, saliva, or breathalyser tests.

6. Cannabis Considerations

Cannabis exhibits various psychoactive properties, including hallucinogenic effects. Its consumption can have several effects, including increased heart rate, bloodshot eyes, dizziness, euphoria, anxiety, altered consciousness, hallucinations, decreased coordination, and in some cases, violence.

7. Narcotics

Observation tests and drug tests may be used to determine if an employee is under the influence of narcotics. Indicative symptoms may include red eyes, slow speech, sweating, anxiety, and a smell of cannabis, among others.

8. Alcohol

Breathalyzer tests may be conducted to assess alcohol intoxication. Refusal to take such a test may result in negative consequences, including disciplinary action.

9. Testing and Observation Protocols

Testing and observation protocols are implemented to ensure fair and objective assessment of substance abuse. Testing may occur in various scenarios, including when an employee appears too impaired to perform their job, when traces of substances are found, or during incidents or accidents.

10. Procedure to Be Followed

In cases of suspected intoxication, a structured procedure will be followed to assess the employee's condition and determine the appropriate course of action. This may involve sending the employee home without pay, followed by further investigation or disciplinary action.

Employees are encouraged to seek assistance or rehabilitation for substance abuse voluntarily. Management will provide reasonable assistance to employees who approach them before violating this policy.

11. Rehabilitation/Counselling

Employees may be offered the opportunity to undergo rehabilitation or counselling. Failure to participate in counselling may result in disciplinary action, including termination of employment.

12. Follow-Up Testing

Employees may be subject to unannounced follow-up drug and alcohol tests. Positive test results may lead to disciplinary action, including termination, for the first offense.

13. Use of Prescribed or Pharmaceutical Medication

Employees must inform their managers of the use of prescribed or over-the-counter drugs that may affect their job performance or behaviour.

14. Roles and Responsibilities

Managers and supervisors are responsible for setting a positive example, ensuring employees understand the policy, monitoring employee behaviour, and intervening when necessary. Employees are encouraged to report colleagues with substance abuse issues.

15. Assistance to Employees

Management may provide reasonable assistance to employees who voluntarily seek help for substance abuse issues. Employees are urged to approach management before any policy violation occurs.

16. Health and Safety Liability

Employees injured on duty while under the influence may not be eligible for Injury on Duty claims. Evidence of intoxication may lead to suspension and an investigation.

17. Financial Liability

The company will cover the costs of employee drug testing but will not be liable for the costs of employee rehabilitation.

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